Two mids to face court-martial in academy rape case

Oct. 10, 2013 - 06:00AM
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Midshipmen Eric Graham and Josh Tate will face court-martial in an alleged 2012 off-campus sexual assault. A third midshipman who went through Article 32 proceedings alongside Graham and Tate will not. (Navy)

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Two of the three former Naval Academy football players initially charged with sexually assaulting a female midshipmen at an off-campus party in 2012 will face a general court-martial, the school said today in a news release.

Midshipman Eric Graham is charged with abusive sexual contact, while Midshipman Josh Tate is charged with aggravated sexual assault. Both are charged with making false official statements.

Naval Academy superintendent Vice Adm. Mike Miller decided not to purse a court-martial against Midshipman Tra’ves Bush, who faced an Article 32 hearing with Graham and Tate in September.

“Miller’s decisions were informed by the findings and recommendations made by the Article 32 Investigating Officer, as well as by independent legal advice from the Navy’s Region Legal Service Office and the Naval Academy’s Staff Judge Advocate,” the release said.

A federal judge on Monday declined to force Miller to recuse himself from the case. The decision came after the alleged victim’s attorney, Susan Burke, sought to have Miller removed from the case, arguing that, “he’s angry at the victim for speaking out.”

Though Miller has the power to order a court-martial, he will not preside over the trial itself. No trial date has been set, academy spokesman Cmdr. John Schofield said.